The Property Mill – Queensland – 1 November 2013

November, 2013

In the media

Barrier Reef conflict claims

Members of the Marine Park Authority with ties to resource companies are accused of a conflict of interest. The board of the agency charged with protecting the Great Barrier Reef has failed to adopt its own experts’ recommendation that it ban port developments which threaten the reef (30 October 2013)

To read more, please click here.

Woodchip giant stripped of environmental certification over koala deaths

Australia’s largest exporter of eucalyptus woodchips has been stripped of its environmental certification and has been forced to make a public apology over the harm it has caused to koalas (28 October 2013)

To read more, please click here.

ICAC to examine lucrative prime leases linked to Obeid

The alleged corrupt business dealings of Labor powerbroker Eddie Obeid and his family will again be under the spotlight at an Independent Commission Against Corruption (ICAC). Over the next three weeks the commission will examine how the leases of three prime properties in Sydney’s Circular Quay area were sold to the Obeids in 2003 (28 October 2013)

To read more, please click here.

Federal Government releases laws to repeal mining tax

Draft laws to abolish the Minerals Resource Rent Tax (MRRT) have been released ahead of their expected introduction to parliament next month (24 October 2013)

To read more, please click here.

Strategic assessment for petroleum activities in Commonwealth waters

The Government has prioritised the strategic assessment so that NOPSEMA’s environmental regulation can be recognised as meeting the requirements of the EPBC Act without additional referral or approval required from a separate Commonwealth regulator. The assessment including public consultation on the draft strategic assessment report, will be released in late 2013 (25 October 2013)

To read more, please click here.

Property developers need to factor law into climate change

A developer of a large resort and residential community was dealt a blow when its development application was overturned in the Queensland Planning and Environment Court earlier this year, after  not adequately taking into account climate change-related sea level rise (22 October 2013)

To read more, please click here.

ASIC warns consumers about ads recommending SMSFs purchase properties through government scheme

The Australian Securities and Investments Commission (ASIC) has sounded a warning about people promoting self-managed super funds (SMSFs) encouraging consumers to invest in residential property via the government’s National Rental Affordability Scheme (NRAS) (22 October 2013)

To read more, please click here.

ANZ analysis

While the near-term outlook for the Australian economy remains soft as it adjusts to the windback of mining investment, stronger Property Council-ANZ Property Industry Confidence Survey sentiment provides a positive outlook for the property market (17 October 2013)

To read more, please click here.

Kiribatian asks New Zealand to treat him as climate change refugee

A man from the low-lying South Pacific nation of Kiribati has asked a New Zealand court to let him pursue his claim as a climate change refugee. His bid to stay in the country as a refugee was rejected by an immigration tribunal, but he is appealing against the decision (16 October 2013)

To read more, please click here.

Westfield report: profits linked to UK tax haven of Jersey

A new report released to the ABC has revealed how the $60 billion Westfield shopping centre group does so well financially, showing the firm’s main UK company has paid only a small fraction of its revenue in tax (17 October 2013)

To read more, please click here.

Commonwealth Games Village a step closer

The Queensland Government has reached the next stage of its procurement process to select a private developer for the Commonwealth Games Village at Parklands on the Gold Coast.

The government, through Economic Development Queensland (EDQ), expects to announce the preferred proponent in early 2014 (30 October 2013)

To read more, please click here.

Queensland legislation passed to protect national parks

Queensland parliament passed amendments to cut red tape and increase protection of the state’s national parks on 29 October 2013, through the Nature Conservation and Other Legislation Amendment Bill (No. 2) 2013. Tenures will be streamlined into two main categories– national parks and regional parks (29 October 2013)

To read more, please click here.

New Queensland planning provisions for local councils released

Local councils will now have a simpler planning scheme to work with following the release of Queensland Planning Provisions version 3.0, to assist local governments when preparing planning schemes that is standardised across the state (28 October 2013)

To read more, please click here.

State farmers in final battle over Qld mega mine

Farmers fighting the massive Alpha coal mine project fear the Queensland government will try to silence opposition to similar, future projects. A group of farmers (the (CCAQ)  has gone to the Land Court of Queensland to challenge approvals for the multi-billion-dollar joint venture between Gina Rinehart’s Hancock Coal and GVK (25 October 2013)

To read more, please click here.

Qld CSG water to be used for drinking

A New plant built for gas company QGC in Chinchilla will desalinate millions of litres of salt water released as a byproduct from coal seam gas extraction (23 October 2013)

To read more, please click here.

North Stradbroke community to benefit from extension of sand mining

The North Stradbroke Island Protection and Sustainability Amendment Bill 2013 was introduced into Queensland Parliament this week. The legislation provides for sand mining to continue on the island until 2035, and will not occur within national parks or environmentally sensitive areas on North Stradbroke Island (18 October 2013)

To read more, please click here.

Queensland frees flood maps to ease premiums pressure

Flood affected councils and residents in Queensland are hoping that a landmark deal brokered by the Newman Government to give insurers access to free flood map data will place heavy downward pressure on premiums that skyrocketed after successive floods (17 October 2013)

To read more, please click here.

State Government launches Queensland Airports Strategy

The Government has released a new Economic Directions statement, Economic Directions Statement – Queensland Airports 2013-2023, to drive airport expansion and employment across Queensland. The statement aims to build on 40 of the state’s leading airports which have strategic significance for economic growth (16 October 2013)

To read more, please click here.

Queensland Conservation grants available to protect cultural heritage

The Minister for Environment and Heritage Protection has announced $600,000 to support a range of heritage conservation projects in Queensland under Round Two of Everyone’s Environment grants program (16 October 2013)

To read more, please click here.

Published – articles, papers, reports

Emissions Reduction Fund Terms of Reference White Paper / Department of the Environment

The Australian Government seeks the views of the community on the design of the Emissions Reduction Fund. These views will be considered in the development of an Emissions Reduction Fund Green Paper to be published in December 2013 and an Emissions Reduction Fund White Paper to be published in early 2014 (released 16 October 2013)

To read more, please click here.

Economic Directions Statement – Queensland Airports 2013-2023 / Queensland Government

The new Economic Directions statement aims to build on 40 of the state’s leading airports which have strategic significance for economic growth. The amended State Planning Regulation will exclude infrastructure on airports, and ancillary works from any development assessment referral under the Vegetation Management Act. Available to download from:  www.dsdip.qld.gov.au/airports (17 October 2013)

In practice and courts

 [Draft] MRRT and related measures Repeal: consultation

On 24 October 2013, the Government released an exposure draft of the Minerals Resource Rent Tax Repeal and Other Measures Bill 2013 and explanatory memorandum for public consideration. Interested parties are invited to comment on the draft amendments to the Minerals Resource Rent Tax Repeal and Other Measures Bill 2013. Closing date for submissions: Thursday, 31 October 2013

Email: MRRTRepeal@treasury.gov.au

Reminder: National Parks emergency grazing measures to end

The Government will not extend emergency grazing measures in national parks beyond 31 December. More information on drought assistance measures is available at http://www.daff.qld.gov.au/environment/drought/assistance  (28 October 2013)

South East Queensland’s (SEQs) water resources review and discussion paper

A blueprint for the flexible and cost-effective management of SEQ water resources has been released for public consultation, with submissions closing on 31 December 2013. More information about water management in Queensland is available at www.dews.qld.gov.au and the discussion paper on the review of the level of service objectives, is available at  http://www.dews.qld.gov.au/water-supply-regulations/regional-water-supply/south-east-queensland (28 October 2013)

Regional Plans and the Review of the Strategic Cropping Land (SCL) Framework

The Regional Plans will identify and map Priority Agricultural Areas (PAA) that will be protected.

New legislation will be needed to implement the regional plans and the government will introduce a Regional Planning and Development Act into Parliament later this year  (24 October 2013)

To read more, please click here.

Queensland Planning Provisions version 3.0 (QPP)

Released on 25 October, the revised QPP is the standard planning scheme provisions made under the Sustainable Planning Act 2009. They provide a consistent format and structure for local government planning schemes across Queensland.  QPP 3.0 also includes provisions for councils involved in the de-amalgamation process.

To read more, please click here.

Reminder: 10 year Gold Coast waterways strategy

The final strategy will be released at the end of the year and covers the Broadwater as well as rivers, lakes and canals from the Logan River to the Tweed River. The consultation period will be until 1 November 2013. To view and provide feedback on the draft Strategy visit www.gcwa.qld.gov.au or phone 5539 7350 or email mail@gcwa.qld.gov.au

Cases

Moreton Bay Regional Council v Mekpine Pty Ltd & Zacsam Pty Ltd [2013] QLAC 5

COMPUL SORY ACQUISITION – claim for compensation by tenants in a retail shopping centre –whether the land resumed was part of the “common areas” of the tenant’s leases – the effect of the definition of “common areas” in the Retail Shop Leases Act 1994 whether s 43 of the Retail Shop Leases Act 1994 creates an “interest” in relation to land – whether the tenants have an “interest” in the land resumed by virtue of their leases or the Retail Shop Leases Act 1994 – meaning of “interest” in s 12(5) of the Acquisition of Land Act 1967

To read more, please click here.

Legislation

Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2013 (No. 8)

This instrument amends the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 to set new and varied MRLs and make other changes to the Tables with respect to certain residue definitions, commodities and substances.  Administered by: Agriculture (17 October 2013)

To read more, please click here.

[Draft] Minerals Resource Rent Tax Repeal and Other Measures Bill 2013 – 24 October 2013

Amends acts including:  Superannuation (Government Co-contribution for Low Income Earners) Act 2003; Superannuation Guarantee (Administration) Act 1992 and the Tax and Superannuation Laws

Amendment (2013 Measures No. 1) Act 2013

The Minerals Resource Rent Tax Repeal and Other Measures Bill 2013 removes the Minerals Resource Rent Tax with effect from 1 July 2014 and discontinues or re-phases the measures that were intended to be funded by the MRRT (loss carry back; small business instant asset write off threshold; accelerated depreciation for motor vehicles; geothermal exploration provisions; income support bonus; and schoolkids bonus)

To read more, please click here.

Exposure Draft Bills released – 16 October 2013

Clean Energy Legislation (Carbon Tax Repeal) Bill 2013 (PDF – 914 KB)

This main Repeal Bill), which would repeal the Clean Energy Act 2013 with effect from 1 July 2014. The CE Act is the main legislation establishing the CPM and outlines the rules for its operation in the fixed price period to 30 June 2015 and its transition to a market-based emissions trading scheme from 1 July 2015.

The Main Repeal Bill would also make consequential amendments to related legislation, including the National Greenhouse and Energy Reporting Act 2007 (NGER Act) and the Australian National Registry of Emissions Act 2011 (ANREU Act).

Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) Bill 2013 (PDF – 346 KB) |

True-up Shortfall Levy (Carbon Tax Repeal) Bill 2013 (PDF – 187 KB)

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2013 (PDF – 350 KB)

Climate Change Authority (Abolition) Bill 2013 (PDF – 410 KB)

Clean Energy (Income Tax Rates and Other Amendments) Bill 2013 (PDF – 209 KB)

Customs Tariff Amendment (Carbon Tax Repeal) Bill 2013 (PDF – 347 KB)

Excise Tariff Amendment (Carbon Tax Repeal) Bill 2013 (PDF – 262 KB)

Queensland

Bills Update

Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2013

Covers obligations, breaches, termination, minimum leases, damages – Introduced by: T L Mander MP on 10/09/2013 Stage reached: Report from Committee on 22/10/2013

G20 (Safety and Security) Bill 2013

Covers regulation for lawful assembly and security areas, offences, arrest, custody, bail, compensation, disclosure of information – Introduced by: J M Dempsey MP on 20/08/2013
Stage reached: Passed with amendment on 29/10/2013

Nature Conservation and Other Legislation Amendment Bill (No. 2) 2013

Introduced by: S L Dickson MP on 20/08/2013
Stage reached: Passed with amendment on 29/10/2013

North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013

Introduced on 17/10/2013 Stage reached: Referred to Committee on 17/10/2013

Liquor (Red Tape Reduction) and Other Legislation Amendment Bill 2013

Introduced by: J P Bleijie MP on 15/10/2013 Stage reached: Referred to Committee on 15/10/2013

Acts as Passed

No 51: Directors’ Liability Reform Amendment Act 2013 – Reduces liability on areas including: building, energy, foreign land ownership, housing, land sales, resources exploration and mining  – Passed 29 October 2013

No 50: Nature Conservation (Protected Plants) and Other Legislation Amendment Act 2013 – Reduces national park tenure categories within the Act from 14 to seven, tenures will be streamlined into two main categories– national parks and regional parks –Assent Date: 29/10/2013

Commences: by Proclamation

Regulations

No 203: Nature Conservation Legislation Amendment Regulation (No. 3) 2013 – 18-10-2013 – amends the Nature Conservation Act 1992

No 204: Environment and Heritage Protection Legislation Amendment Regulation (No. 1) 2013 – 18-10-2013 – amends the Coastal Protection and Management Act 1995; Environmental Protection Act 1994; Nature Conservation Act 1992; Queensland Heritage Act 1992; Sustainable Planning Act 2009; Waste Reduction and Recycling Act 2011 and Wild Rivers Act 2005

No 205: Building Amendment Regulation (No. 1) 2013 – 18-10-2013 – amends the Building Act 1975

No 208 Forestry Legislation Amendment Regulation (No. 1) 2013 – 25-10-2013 – Forestry Act 1959 – amendment to timber reserves in Queensland

Queensland legislation can be accessed at www.legislation.qld.gov.au

Contact Mills Oakley

Melbourne


James Price | Partner 
T: +61 3 9605 0824
E: jprice@millsoakley.com.au


Anthony Brearley | Partner
T: +61 3 9605 0810
E: abrearley@millsoakley.com.au


Tom Cantwell | Partner
T: +61 3 9605 0958
E: tcantwell@millsoakley.com.au

luke-westmore

Luke Westmore | Partner
T: +61 3 9605 0061
E: lwestmore@millsoakley.com.au

Brisbane

tony-butler

Tony Butler | Partner 
T: +61 7 3228 0432
E: tbutler@millsoakley.com.au

Sydney


lachlan-paterson

Lachlan Paterson | Partner
T: +61 2 8289 5895
E: lpaterson@millsoakley.com.au

Catherine Hallgath | Partner
T: +61 2 8289 5806
E: challgath@millsoakley.com.au

Tim L’Orange | Partner 
T: +61 2 8289 5816
E: tlorange@millsoakley.com.au

Canberra

adam-peppinck

Adam Peppinck | Partner
T: +61 2 6196 5203
E: apeppinck@millsoakley.com.au

Perth

andrew-logan

Andrew Logan | Partner
T: +61 8 6167 9802
E: alogan@millsoakley.com.au

patrick-thaung

Patrick Thaung | Partner
T: +61 8  6167 9803
E: pthaung@millsoakley.com.au

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